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Marriage related,query about Mahar

Answered according to Hanafi Fiqh by Fatwaa.com

Girl marry a guy without parents consent however they didn’t stay together and Mahar was not paid and lady was out of country for some financial family reasons and they broke their relation and now Parents of that lady wants her to marry a guy since parents don’t know about her secret marriage, is it allowed that she can marry someone or she has to get divorced from first hidden marriage or that marriage is nullified since no Mahar was paid and it was done secretly, please suggest what she needs to do her parents are forcing her to marry and she can not be with that man anymore the one she married secretly

Answer

Wa’alaykum as Salam wa rahamtullahi wa barakatuhu,

If the first marriage was conducted in the presence of two male, or one male and two female witnesses, then the marriage is complete, even though no Mahar has been stipulated. Mahar will still be binding, and the amount will be determined by whether they spent time in seclusion or not.

The girl may not get married without coming out of this marriage. If the present husband divorces her, or passes away, she will have to sit in ‘Iddah. She may only get married once her ‘Iddah is complete.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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